tv [untitled] May 29, 2011 10:00pm-10:30pm PDT
subject matter jurisdiction of the commission. with respect to agenda items, members of the public may address the commission for up to three minutes as such time as the item is called. is there anyone here that would like public comment? seeing none, review and approve the minutes of april 26th, 2011. >> i move that we continue the minutes of april 26th as we did not have a quorum to vote on them. we can vote on the minutes of may 10th. >> second. >> is there any public comment for commissioners comments on the minutes? same house, call.
>> i want to identify if you have a proper quorum for the minute you're trying to approve. >> i move to approve the minutes of may 10th. >> second. >> any public comment? >> aye. >> aye. >> aye. >> aye. >> number 3, report from the executive director. >> good evening, commissioners. quickly, i wanted to update you
on ab74, previously called the rave safety act. i attached to this memo the latest version that was amended on may 11th of this bill and now it is called the concert and music festival act. basically, this is a bill that requires any state facility seeking to hold an event with an expected attendance of over 10,000 people to create an event action plan which include
specific permission considering health and public safety and law enforcement concern. this is fairly short. you can read it if you are inclined. commissioner mako, can you update the commission. -- commissioner meko. there has been a request made by supervisor wiener to amend code section 1070 which is a police code section that we work with regarding extended hours permits. he is asking the city attorney to draft an amendment to exempt restaurants from security plan requirements.
in 2009, when we had a schedule change, they were basically made it to mirror each other in terms of almost every aspect including security plans and the corrective actions we are about to do now. it has not happened up until recently that an applicant came forward wanting to do basically food service after 2:00 a.m.. we have not faced this issue before. it was made clear to this applicant that we were previously the bagdad cafe. we will be required to have security and they requested that the supervisor make an amendment to the law. it has not been drafted but it has been assigned to -- because he has familiarity with 1070.
i don't know anyone ceiling on whether this is appropriate or not but as this legislation comes forward, it will not go through its paces to have a discussion. i wanted to let you know that the staff participated in small business week this year. it was last week. we had participated in the past at the taste of san francisco which was more of a social event. this year, we decided to have a table at the small business expo. lots of small business owners came through the expo and i repeated a lot of questions about what the entertainment question did and i handed out a lot of cards.
one bill comes in march of each year and with that of the different licenses that they have to pay for. we will be working with the tax collector. we don't have that many in number like other departments have. we will be working alongside the other departments to make what i believe will be a positive change for the city. it will not make it cheaper, unfortunately, but at least it will be more efficient. there's nothing to report for me on corrective action taken in the last two weeks. >> i have a question for the director. regarding this possible legislation, we have had a number of after hours restaurant
before us? and let's do a reality check on how this would impact the after hours restaurant businesses. >> just to speak to that for a second. a restaurant operating before 2:00 is not its security, is that correct? >> if they don't have an entertainment permit. >> if they continue to serve food at 2:00 in the morning, security is supposed to show up. >> correct. we have the need for an extended hours permit and that permit allows them to have the public in that permit after 2:00 a.m. which also has security permits
attached. >> anybody else? ok. commissioners, our report this evening which is in your binder, we are still waiting for the citation appeal for the citation we wrote to -- that decision has not come in, we're still waiting. once we have that decision, we will inform you of our decision. the bureau of security and investigative services which is the bureau of conservative -- consumer affairs, we have been working with them and for about a year now and this last year we had their inspector down in the city and we were able to go and check a lot of different permitted venues for -- cards. the good news is that i think we found out of all the venues we visited, we only found one that
did not have a card. the messages out there. we have seen a big improvement. this has been a concern to this commission, we are starting to see a tipping point going the other way. the bad news is that we're also doing following up on two different companies operating here in san francisco. this means that they don't have the proper licensing to run a security company therefore providing staff two prominent venues. we will continue to help and beat a contact point on those cases. also, we were able to get information that we were able to get out to all the permit officers in the district stations. this is basically pamphlets and booklets that the officers can
have a little bit better knowledge and understanding of the guard card system, what they look like, what they're supposed to have on them and so forth. that was really great that we requested that and they were use were getting more as well. we're continuing to work through a lot of sound tests right now. this is about the average amount for this time of year. we have seen a portion and then it trickles down and we're right on course for the average amounts that we usually do. the inspector was there. it was a good cross-section.
we had neighbors, people from the underground industry. i was not able to stay for the whole meeting but i thought was a great discussion and it opened up a lot of dialogue. these parties don't usually talk. i know myself and i know for inspector --, i was able to have a conversation with people who generally when we have talked to them are like, seeing 3 in the morning and we're shooting something down. -- it is 3 in the morning and we are shutting something down. we're slowly working getting the karaoke places in. we have been able to get another two or three complaints in the last month. we are working through them. slowly but surely we are getting to them. you will see the areas of patrols, we will see what we're looking at right now.
we are getting some complaints on the saturday and sunday brunches. first there has not been anything recently but is still seems to be a volatile space. these are and permitted spaces. there has been a recurring events at both locations. the good news is that we have talked to the building manager and the tenants that had been using the space to run a permanent venue had just been evicted. we were hoping that the problem would go away. some of the reports we received recently from sfpd under incidents of -- sorry, number 12. you'll see it listed.
this one deserves a little bit of explanation. it was negligent disarm of a firearm by a security guard. i bring this up and it has been discussion amongst staff on the relevancey of having armed security at entertainment venues and whether or not this is really necessary and what is possible and you know, what are our options in regulating that action. this is a great example, an argument for there not being armed security at these nightclubs. a scattered making a bad judgment, fortunately nobody was hurt. we will be following up with sfpd to regulate the security guards. we're in contact with both agencies and lending our support and help there on what they need
to follow that case through. also, we had a weird kind of situation with shots fired at fluid. we had reports of shots fired but that is sketchy at best. the only reports we had of damage are damage from slugs across the street. again, working with southern station, we're looking into this particular case. there seem to be some facts missing, if shots were fired, it was well after the shots were closed. there seem to be some big questions on this particular case. we'll continue to keep the commission informed as we work with the station on that. officer mathias is here from central. he will go over the incidents we had at central. again, for this time of year, i have to say that it is not that bad.
i mean, going into june, july, august, these are the times of year traditionally when we see a rise in violence in entertainment venn use and so far we're not seeing that spike. hopefully that will maintain. we'll really know by the end of june. so far, so good. that's it for my report. >> thank you. any questions by the commission? yes? >> i wanted to thank the inspector for attending the leadership council last week and commissioner joseph also made an appearance and thank you very much for your remarks. building exppings commissioner deborah walker was also in attendance and we had a good cross section of the community as well. the theme for the event was underground entertainment. the good, the bad and the ugly.
the way the meeting turned out, we sort of took that in reverse order and started with the incidents and proceeded to the bad ones and ended really on kind of a good note. i think the most important thing that we accomplished from all of this is folks who are involved in underground entertainment came away from it knowing that they have a seat at the table too. so there is a good, healthy dialogue that started. so thank you all very much. >> thank you, commissioner meko. anybody else? any public comment on the executive director's report? seeing known, we'll go to item number four. regarding proposed action for dapting a recommendation concerning this ordinance. i was informed by our executive
director that this issue will not be heard by the board until close to the end of the year so i had recommended to her and in agreement with the commission we get a motion to continue it until it takes its final form and we have something specific to discuss closer to the time that it is going to be open for enactment. yes? commissioner meko? commissioner meko: it should be under the 30-day rule. has the supervisor's office requested a delay in this? >> no, commissioner but it was made clear to me that the planning department had to hear some portion of this. >> but there are time constrainted -- constraints
under which the planning commission must hear it. >> it is my understanding they will not be hearing it until august. >> august. well, the supervisor must have requested that delay or agreed to it for it to be put off that far into the distance. i will move to continue it. >> and i'll second it. >> ok. >> may i -- >> very good. ok. any public comment on that? none. ok. item number five. police department comments and questions. officer mathias, welcome. >> good evening. steve mathias from central station. i had a few incidents over the weekend. i will just kind of go into the major ones. there was a stabbing incident at
2:23 a.m. may 22. a large crowd and people fighting in the street near the condor club. police activated sirens to disperse the crowd. seven officers responded. within moments a victim came up and approached the officers that he had been stabbed. the officers checked him out and called the ambulance for him and saw that he had been stabbed three times. three-inch also a nation the left arm and a laceration in the and and a laceration in the upper left thigh. the victim was extremely uncooperative. he could not say what the person looked like and where he went. the person ended up going to hospital in the ambulance. the condor club assisted with allowing the officers look at their surveillance camera. there is a -- there is a small restaurant that is right there so it happened right in front of
that. i have to say that the condor club was helpful. we're still trying to get video from little darling's to see if we can find anything from that video as well. there was an assault may 22 about 10 minutes until 2:00. this one i talked to joslyn about. the victims left the club followed by suspects across the street. one victim fell to the ground causing a large gash across his head. a female victim sustained a cut to her hand and a third victim was punched in the face. issues that i have here with the club is the overserving. in the police report it talked about -- number one, i would like to know where the security was during the fight. in the narrative i didn't see anything about that. the other part is the overserving. all three people apparently were
intoxicated. in the report, mention one of the victims by name. very intoxicated. another one said she had no idea how and when she sustained her injuries. the third victim, the one punched in the face was intoxicated and vomiting outside the nightclub and he was punched once in the head. with the overserving. these are just the victims. i don't know the suspects and how much they were served. that intoxication level goes against abc. when we talk about the clubs being responsible, they are responsible for the safety. just giving the patrons all of this alcohol just to make some extra money causes great problems. there could have been -- injuries were pretty significant here. non if you got a chance to look
at -- i don't know if you got a chance to look at the reports. they were pretty significant injuries. a lot of this could have been avoided by not overserving. we'll talk about retraining. the last incident was on may 15 at club slide. the victim went toward the bathroom. just before he got into the bathroom. somebody asked him where he was from. before he could respond he was punched in the face and attacked by several suspects. the victim went back to table, told his friend, got security, went back to the suspects. they were then attacked again. police made the arrest for the two felony assaults on the one suspect. the other people got away. there was a pickpocket at the ambassador club at 673 gary
street. there was a barroom brawl friday night at mojitos. the fight was abated prior to the police arriving. >> any questions? >> just tell me, do you agree with me that the new weapon of choice is high heels? >> we're seeing high heels more and more. >> i have seen high heels used at least on two different occasions. makes me think i have to start wearing high heels. just to keep safe. >> i don't go out without them. [laughter] >> looking at the injuries, they are pretty significant. they have a puncture. >> i saw a girl's cheek pierced by a high heel. >> any other questions? any public comment on the report? thank you very much. >> thank you. >> all right. >> i bet you look cute in high
heels. >> you bet. hearing and possible action regarding an -- applications for permits under the jurisdiction over the entertainment commission. item a, michael o'connor, d.b.a. brick and mortar, 1710 mission street place of entertainment. >> this was received last month, april 13. in your pact, yourl find a detailed resume detailing prior experience as an operator as well as through a thorough business plan. the recommendations for sfp drnch pretty straightforward and consistent with the kind of good neighbor policy and the planning department also approves of this permit and i believe the
applicant is right here. >> mr. o'connor. >> thank you. >> anything you would like to say? >> i guess the location most people are probably familiar with it. there have been a few different entertainment venues. some people think the location might be a bad location. i think it is a good location because it is in the middle of a lot of different neighborhoods. it is walkable and drivable from neighborhoods in the middle of the city where a lot of latin music goers live. i think one issue that might be worth addressing is the fact that there has been a lot of criticism of le